If we consider the definition of the real estate project (in accordance with Section 2 (zn) of the RERA Act, it includes the development of land in the land. The other GST Act also recognizes this definition in the context of RERAs for the purposes of taxing real estate projects. This definition could therefore perhaps attract the attention of the authorities when it comes to taxing the sale of building land. (ii) “specified agreement”: a registered contract in which a person who owns real estate or real estate or who owns both agrees to authorize another person to develop a real estate project on that land or building, or both, taking into account a portion, by country or by building, or both, of a project of this type, with or without payment of a portion of the consideration in cash; Hon`ble ITAT Hyderabad Bank `B` in the case of Adhinarayana Reddy Kummeta/Assistant Commissioner of Income Tax, Circle -11 (1), Hyderabad 2018 (4) TMI 37 – ITAT HYDERABAD stated, however, that Section 45 (5A) could not be applied as a material provision to the previous development agreement, which is certainly drawn to Section 2.47).v). Derogations from this general rule are provided for by the Finance Act 2017 by adding a new subsection (5A) to Section 45 applicable to 01.04.2018, i.e..dem 2018-19 evaluation year. In Section 45 (5A), the tax debt point is expressly separated from the transfer point in the case of joint development agreements. It should be noted that Section 45 (5A) of the JDA is called “specified agreements.” 45 (5A). Notwithstanding the elements in subsection 1, where the capital gain of an appraiser, who is an individual or an undivided Hindu family, from the transfer of an asset, country or building or both, as part of a given agreement, is attributable to the capital income of the previous year in which the project completion certificate is issued by the competent authority for all or part of the project; for the purposes of Section 48, the value of the stamp tax is considered, on the day the certificate is issued, on its part, as property or both in the project, as if any increased by the consideration received in cash, as the total value of the consideration it receives or is framing as a result of the transfer of the asset. : Sometimes the landowner can have the construction built for his own use for the purposes of his residence and agrees to share a potion of built area with the developer, even according to a JDA model. In this case, the landowner never intends to give up his share of the built-up area. So, in such a situation, if TDR is taxable? The author considers that TDR should not be taxable in such cases, as it has never been with the intention of doing business or as part of the promotion of a transaction by the owner.